Andhra Pradesh High Court - Amravati
Dammu Nagasuri, vs The State Of Andhra Pradesh, on 1 November, 2021
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
WRIT PETITION No.11310 of 2019
ORDER:
This writ petition is filed under Article 226 of the Constitution
of India seeking the following relief:
"to issue a writ, order or direction, especially one in the nature of
Writ of Mandamus declaring the inaction of the respondent Nos.3
and 4 in not considering the representation dated 03.10.2018
submitted by the petitioner herein and also their action in
allowing the 5th respondent to continue in the property i.e., an
extent of Ac.0.03 cents, bearing Plot No.110, situated in S.No.73-
3A of Ramanayyapeta Village, Kakinada Rural Mandal without
conducting the enquiry as illegal and arbitrary, and also violative
of Articles 14, 21 and 300-A of the Constitution of India and
consequently direct the respondent Nos.3 and 4 to consider the
representation dated 03.10.2018, submitted by the petitioner
herein and also further direct the respondents to consider the
case of the petitioner and initiate action in accordance with law
and pass."
2. Though the petitioner made several allegations against the
respondents, during the course of hearing learned counsel for the
petitioner requested this Court without touching the merits of the
case, to issue a direction to the respondents to dispose of the
representation dated 03.10.2018 submitted by the petitioner.
3. Learned Government Pleader for Revenue appearing for
respondents readily agreed to dispose of the representation dated
03.10.2018 submitted by the petitioner, if any pending with the
respondent authorities.
4. In view of the submission of Government Pleader for Revenue
appearing for respondents, I need not decide the truth or otherwise
of the allegations made in the petition.
MSM,J
WP_11310_2019
5. This Court is conscious that no such direction be issued in
view of the Judgment of the Apex Court in The Government of
India v. P.Venkatesh1, wherein the Apex Court held that such
orders may make for a quick or easy disposal of cases in
overburdened adjudicatory institutions. But, they do not serve to the
cause of justice. As the learned counsel for the petitioner himself
requested to issue a direction to dispose of the representation dated
03.10.2018 submitted by the petitioner, I find no other alternative
except to issue such direction.
6. In the result, Writ Petition is disposed of, directing the
respondent authorities to dispose of representation dated 03.10.2018
submitted by the petitioner, in accordance with law, within four (04)
weeks from today. No order as to costs.
The miscellaneous petitions pending, if any, shall also stand
closed.
_________________________________________
JUSTICE M. SATYANARAYANA MURTHY
01.11.2021
DR
2019 (8) SCALE 544
